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DOCUMENTS 
DEPT. 


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SUPPLEMENTAL    REPORT 


OF    THE 


Commissioners  for  the  Revision 


:iiSS: 


Reform  of  the  Law 


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SUPPLEMENTAL  REPORT 


Commissioners  for  the  Revision  and 
Reform  of  the  Law. 


A.  C.  FREEMAN. 


W.  C.  VAN  FLEET, 


COPvIIvlISSIONERS. 


GEORGE  J.  DENIS, 


W.  F.  HENNING, 


Secretary. 


SACRAMENTO: 
A.  J.  JOHNSTON,    :    :    :    :    :    superintendent  state  PRiNTiNa. 

1901. 


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SUPPLEMENTAL  REPORT 

OF   THE 


COMMISSIONERS  FOR  THE  REVISION  AND  REFORM 

OF  THE  LAW. 


The  Commissioners  for  the  Revision  and  Reform  of  the  Law  respect- 
fully report  that  in  the  months  of  October  and  November,  1900,  they 
caused  to  be  printed  and  generally  circulated  throughout  the  State,  but 
more  especially  among  members  of  the  bar  and  county  and  other  public 
officers,  the  three  reports  heretofore  filed  by  them  suggesting  amend- 
ments and  other  changes  to.  the  Code  of  Civil  Procedure  and  in  the 
Civil  and  Penal  Codes  respectively,  and  that  in  response  thereto  they 
received  many  suggestions  from  members  of  the  bar  and  others  concern- 
ing amendments  and  other  changes  which  it  was  thought  ought  to  be 
presented  to  the  Legislature,  and,  having  considered  such  suggestions, 
these  Commissioners  beg  leave  to  propose  the  following  amendments  of, 
and  additions  to,  their  reports  so  heretofore  filed: 

CODE  OF  CIVIL  PROCEDURE. 


Section  103.  That  section  one  hundred  and  three  be  further  amended 
by  inserting  after  the  word  "class"  in  line  29  of  page  17  the  words  "or 
of  any  township  composed  in  whole  or  in  part  of  either." 

The  object  of  the  amendment  is  to  make  the  section  equally  appli- 
cable to  all  municipalities  of  the  classes  mentioned  therein,  whether 
composed  in  whole  or  in  part  of  townships  or  not. 

Section  674.  That  section  six  hundred  and  seventy-four  be  amended 
to  read: 

Section  674.     The  transcript  of  the  original  docket  of  any 

2  judgment,  the  enforcement  of  which  has  not  been  stayed  on 

3  appeal,  certified  by  the  clerk,  may  be  filed  with  the  recorder  of 

4  any  other  county,  and  from  such  filing  the  judgment  becomes 

5  a  lien  upon  all  the  real  property  of  the  judgment  debtor  not 

6  exempt  from  execution  in  such  county,  owned  by  him  at  the 

7  time,  or  which  he  may  afterward  and  before  the  lien  expires 

8  acquire.     The  lien  continues  for  five  years  from  the  entry  of 

9  judgment,  unless  it  is  previously  satisfied  or  the  lien  otherwise 
10     discharged.  *\^^^^h7'\  ^\ 


4  COMMISSIONERS    FOR    THE    REVISION    AND    REFORM    OF    THE    LAW. 

The  amendment  restricts  the  right  to  file  transcripts  of  judgments  t 
those  cases  in  which  the  right  to  execution  has  not  been  suspende( 
by  appeal,  and  extends  the  lien  from  two  to  five  years,  thus  harmo 
nizing  the  section  with  section  six  hundred  and  seventy-one. 

Section  690.  That  section  six  hundred  and  ninety  be  further  amend 
ed  by  inserting  after  the  word  "is"  in  line  one  thereof  the  words  "  ii 
favor  of  natural  persons  only." 

It  is  believed  that  the  spirit  of  the  exemption  law  does  not  apply  t 
corporations,  and  that  this  additional  amendment  may  have  bee: 
made  necessary  by  our  proposal  exempting  the  proceeds  of  policies  c 
life  insurance  in  favor  of  all  beneficiaries  thereof. 

Section  832.  That  there  be  inserted  in  subdivision  seven  of  section 
eight  hundred  and  thirty-two,  after  the  word  "contract,"  the  words  "i: 
writing." 

It  has  been  suggested  to  us  that,  in  many  instances,  persons  hav 
been  subjected  to  suits  brought  against  them  in  counties  far  remote  fror 
that  of  their  residence,  under  the  pretense  that  the  obligation  had  beei 
incurred  in  the  latter  county,  and  that  the  remedy  of  this  evil  couL 
best  be  accomplished  by  requiring  tbat  the  contract  relied  upon  t 
give  a  court  of  a  county  other  than  that  of  the  defendant's  residenc 
jurisdiction  of  him  be  expressed  in  writing. 

Section  848.  That  section  eight  hundred  and  forty-eight  be  amend 
ed  by  striking  from  line  twelve  the  words  "where  he  resides,"  and  in 
serting  in  lieu  thereof  the  words  "wherein  he  may  be  found." 

It  is  suggested  that  while  a  defendant  may  reside  in  a  particula 
county,  it  may  be  impossible  to  find  him  there  within  a  reasonabl 
time,  and  hence  when  the  action  has  been  properly  brought  against  bin 
service  of  summons  on  him  ought  to  be  authorized  wherever  he  may  b 
found. 

Section  867.  That  section  eight  hundred  and  sixty-seven  be  furthe 
amended  by  striking  from  line  ten  the  words  "  service  of  the  summons, 
and  inserting  in  place  thereof,  the  words   "  notice  of  the  levy," 

It  often  happens  that  the  service  of  the  summons  does  not  take  plac 
until  long  after  the  levy  of  the  attachment,  but  it  is  believed  that  if  th 
defendant  has  notice  of  such  levy,  he  ought,  nevertheless,  to  prom])tl 
exercise  his  right  of  excepting  to  the  sufficiency  of  the  sureties,  anc 
failing  to  do  this,  that  such  exception  should  be  deemed  waived. 

Section  937.  That  section  nine  hundred  and  thirty-seven  be  furthe 
amended  by  inserting  after  the  word  "  order  "  in  line  seven  the  word 
"  or  judgment." 


SUPPLEMENTAL    REPORT — CODE    OF    CIVIL    PROCEDURE.  5 

This  amendment  needs  no  explanation,  as  it  simply  supplies  an 
obvious  omission  in  the  present  section  as  found  in  the  code. 

Section  1269.  That  section  twelve  hundred  and  sixty-nine  be 
amended  so  as  to  read: 

Section  1269.     When  the  attorney-general  is  informed  that 

2  any  estate  has  escheated  to  this  state,  he  must  file  an  informa- 

3  tion  in  behalf  of  the  state,  in  the  superior  court  of  the  county 

4  hi  which  said   estate,  or  any  part  thereof,  is  situate,  setting 

5  forth  a  description  of  the  estate,  the  name  of  the  person  last 

6  possessed    thereof,  and    of  the   person    claiming   the   estate,  if 

7  known,  and    the   facts   and    circumstances  in  consequence    of 

8  which  the  estate  is  claimed  to  have  escheated,  with  an  allega- 

9  tion  that  by  reason  thereof  the  State  of  California  has  right, 

10  by  law,  to  such  estate.     Upon  such  information  a  summons 

11  must  issue  to  said  claimant  and  possessor,  requiring  them  to 

12  appear  and  answer  the  information  within  the  time  allowed  by 

13  law  in  civil  actions,  and  the  court  must  make  an  order  setting 

14  forth  briefly  the  contents  of  the  information,  and  requiring  all 

15  persons  interested  in  the  estate  to  appear  and  show  cause,  if 

16  any  they  have,  within  forty  days  from  the  date  of  the  order, 

17  why   such  estate  should    not  vest  in  this   state,  which  order 

18  must,  prior  to  the  expiration  of  such  time,  he  published  for 

19  at  least  one  month  in  a  newspaper  published  in  the  county,  if 

20  one  is  published   therein,  and  in  case  no  newspaper  is  pub- 

21  lished  in  the  county,  in  some  other  newspaper  in  this  state. 

The  object  of  the  amendment  is  to  extend  the  operation  of  the  section 
to  personal  property. 

Section  1270.  That  section  twelve  hundred  and  seventy  be  amended 
to  read: 

Section  1270.     The  court,  upon  the  information  being  filed, 

2  and  upon  application  of  the  attorney-general,  either  before  or 

3  after  answer,  upon  notice  to  the  party  claiming  the  estate,  if 

4  known,    may,    upon    sufiicient   cause    therefor    being    shown, 

5  appoint  a  receiver  to  take  charge  of  such  estate,  or  any  part 

6  thereof,  and  to  receive  the  rents,  income,  and  profits  of  the  same, 

7  until  the  title  of  such  estate  is  finally  settled. 

The  amendment  makes  it  clear  that  the  receiver  to  be  appointed 
may  take  charge  of  the  property,  as  well  as  receive  the  rents  and  profits 
thereof. 

Section  1271.  That  section  twelve  hundred  and  seventy-one  be 
further  amended — 

1.  By  striking  out  "may"  in  line  two; 


6  COMMISSIONERS    FOR    THE    REVISION    AND    REFORM    OF    THE    LAW. 

2.  By  striking  out  "  in  the  information,  the  title  of  the  state  to  Ian 
and  tenements  therein  mentioned"  in  lines  three  and  four; 

3.  In  line  eight  by  inserting  "such"  after  "no"; 

4.  By  striking  out  "be  seized  of  the  lands  and  tenements"  in  lir 
nine  and  ten,  and  inserting  in  lieu  thereof  "is  the  owner  of  t 
property"; 

5.  By  striking  out  "  land  and  tenements  "  in  lines  fifteen  and  sixte 
and  inserting  "property"; 

6.  By  striking  out  "seized"  in  line  seventeen  and  inserting  "t 
owner  and  entitled  to  the  possession"; 

7.  By  inserting  after  "defendants"  in  line  eighteen  "who  ha 
appeared  and  answered"; 

8.  By  striking  out  "real"  in  line  twenty-two  and.  inserting  af 
"property"  in  the  same  line  "unless  it  consists  of  money"; 

9.  By  striking  out  the  words  "  at  least  ten  per  cent "  in  line  thin 
one;  "of  ten  per  cent"  in  line  thirty-five;  "of  at  least  ten  per  cent" 
line  forty-two. 

The    amendments  thus  proposed    extend    the   operation  of  the   S' 
tion  to  personal  property;  exonerate  defendants  from  payment  of  co 
unless  they  have    appeared  and    answered;  and   permit    the   court 
its  discretion  to  set  aside  the  sale  upon  receiving  a  greater  offer  for  1 
property,  though  not  ten  per  cent  more  than  the  sum  offered  at  the  sa 

Sections  1693, 1696.  That  sections  sixteen  hundred  and  ninet3'--thi 
and  sixteen  hundred  and  ninety-six  be  amended  to  read: 

Section  1693.     When    personal    property    remains   in    the 

2  hands  of  an  agent  unclaimed  for  a  year,  and  it  appears  to  the 

3  court  that  it  is  for  the  benefit  of  those  interested,  it  must  be  sold 

4  under  the  order  of  the  court,  and  the  proceeds,  after  deducting 

5  the  expenses  of  the  sale  allowed  by  the  court,  must  be  paid 

6  into  the  county  treasury.     When  the  payment  is  made,  the 

7  agent  must  take  from  the  treasurer  duplicate  receipts,  one  oi 

8  which  he  must  file  in  the  office  of  the  auditor,  and  the  other  ir 

9  court. 

Section  1696.     When  any    person  appears  and  claims   th( 

2  money  paid  into  the  treasury,  the  court  making  the  distribu' 

3  tion  must  inquire  into  such  claim,  and  being  first  satisfied  o: 

4  his  right  thereto,  must  grant  him   a  certificate  to  that  effect 

5  under  its  seal,  and  upon  the  presentation  of  the  certificate  tc 

6  him,  the  auditor  must  draw  his  warrant  on  the  treasurer  foi 

7  the  amount. 

These  amendments  permit  the  proceeds  of  unclaimed  property  to 
paid  into  the  county  instead  of  the  state  treasury.  Considerable  incc 
venience  has  arisen  to  claimants  of  such  property  from    their    bei 


SUPPLEMENTAL    REPORT — CIVIL   CODE.  7 

required  either  to  go,  or  send  an  agent,  to  the  state  capitol;  and  it  is 
believed  that  the  convenience  of  such  claimants  will  be  promoted  by  per- 
mitting the  moneys  to  be  paid  into  the  treasury  of  the  county  wherein 
the  estate  was  administered. 

Section  1793.  That  section  seventeen  hundred  and  ninety-three  be 
further  amended — 

1.  By  striking  from  line  one  the  words  "of  each  county"; 

2.  By  inserting  before  the  word  "estate"  in  line  three  "person 
and,"  and  after  the  same  word  in  the  same  line  the  words  "or  either"; 

3.  By  inserting  after  "county"  in  line  five  "or  who,  though  not 
having  such  estate,  is  within  the  county." 

These  amendments  make  it  clear  that  the  court  may  appoint  a  guard- 
ian of  the  person  of  a  non-resident  minor,  insane  or  other  incompetent 
person  if  he  is  within  the  county. 

Section  2006.  That  section  twenty  hundred  and  six  be  further 
amended  by  inserting  after  the  word  "  desired  "  in  line  eight  the  words 
"by  writing  or  causing  his  corrections  to  be  written  at  the  bottom  of  the 
deposition." 

The  amendment  cures  an  ambiguity  respecting  the  mode  in  which  a 
deposition  may  be  corrected. 


CIVIL   CODE. 


Section  137.  That  section  one  hundred  and  thirty-seven  be  further 
amended  by  inserting  in  line  five  after  the  word  "deserts"  the  words 
"or  abandons,"  and  also  after  the  word  "  wife"  the  words  "  or  when  en- 
titled to  a  divorce  from  him  for  any  cause." 

These  additional  amendments  entitle  a  wife  in  every  instance  when 
abandoned  or  entitled  to  a  divorce  to  maintain  an  action  against  her 
husband  for  the  permanent  support  and  maintenance  of  herself  and  chil- 
dren, without  seeking  a  divorce. 

Section  246.  Section  two  hundred  and  forty-six  is  further  amended 
by  inserting  after  line  twenty  the  words  "4.  To  a  relative." 

Such  words  having  been  inadvertently  omitted  from  our  report. 

Section  26S.  That  section  two  hundred  and  sixty-eight  be  amended 
by  striking  out  lines  fifteen,  sixteen,  seventeen,  and  eighteen,  and  in  lieu 
thereof  inserting  "or  her  fifty  dollars  in  gold,  and  two  whole  new  suits 
of  clothes  to  be  worth  in  the  aggregate  at  least  sixty  dollars  gold." 


8  COMMISSIONERS    FOR    THE    REVISION    AND    REFORM    OF    THE    LAW. 

This  change  is  to  remove  an  ambiguity  respecting  the  aggreg? 
value  of  the  clothes  to  be  furnished  by  the  master  to  an  apprentice  up 
the  termination  of  the  latter's  minority. 

Section  360.  That  section  three  hundred  and  sixty  be  furtl 
amended  by  striking  out  "lot"  in  line  ten  and  inserting  "land." 

To  avoid  the  contention  that  the  realty  which  a  corporation  m 
acquire  and  hold  for  the  purpose  of  carrying  on  its  business  may  r 
consist  of  parts  of  two  different  lots. 

Section  415.     That  section  four  hundred  and  fifteen  be  amended 
striking  out  in  lines  five  and  six  the  words  "  not  exceeding  in  val 
one  hundred  and  fifty  thousand  dollars." 

The  omission  of  these  words  will  permit  insurance  corporations 
own  such  real  property  as  is  requisite  for  their  accommodation  a 
convenience  in  the  transaction  of  their  business  without  limitation 
to  value. 

Section  421.  That  section  four  hundred  and  twent3'-one  be  furtl 
amended  so  as  to  read: 

Section  421.     Corporations  organized  under  the  laws  of  this 

2  state,  for  the  transaction  of  business  in  any  kind  of  insurance. 

3  may  invest  their  capital  and   accumulations  in  the  following 

4  named  securities: 

5  1.  In  the  purchase  of,  or  loans  upon,  interest-bearing  bonds 

6  of  the  United  States  government; 

7  2.  In  the  purchase  of,  or  loans  upon,  interest-bearing  bonds 

8  of  any  of  the  states  of  the  United  States,  not  in  default  foi 

9  interest  on  such  bonds; 

10  3.  In  the  purchase  of,  or  loans  upon,  interest-bearing  bonds 

11  of  any  of  the  counties  or  incorporated  cities  or  towns  of  any 

12  state  or  territory  of  the  United  States,  not  in  default  for  in- 

13  terest  on  such  bonds; 

14  4.  In  loans  upon  unincumbered  real  property,  worth  at  least 

15  one  hundred  per  cent  more  than  the  amount  loaned;  or  upon 

16  merchandise  or  cereals  in  warehouse,  but  in  no  instance  must 

17  such  loan  be  made  in  excess  of  seventy-five  per  cent  of  the 
J 8  security  taken; 

19  5.  In  the  purchase  of,  or  loans  upon,  the  stock  of  corpora- 

20  tions,  other  than  mining,  which  have  at  the  time  of  the  invest- 

21  ment  a  market  value  of  not  less  than  sixty  per  cent  of  their 

22  par  value,  and   are   rated  as  first-class    securities;  but  every 

23  such  purchase  and  loan  must  be  approved  by  the  vote  of  two 

24  thirds  of  the  directors;  and  no  loan  must  exceed  fifty  per  cent 

25  of  such  market  value; 


SUPPLEMENTAL    REPORT — CIVIL    CODE.  V 

26  6.  Such     corporations    may,  after    the    investment   of    two 

27  hundred    thousand   dollars    in   the  manner  provided  in  sub- 

28  divisions  one,  two,  three,  four  and  five  of  this  section,  invest 

29  the  balance  of  their    capital   and    any  accumulations  in  the 

30  purchase  of,  or   loans   upon,  interest-bearing   first    mortgage 

31  bonds  of  any  corporations,  other  than  mining,  organized  and 

32  carrying  on  business  under  the  laws  of  the  United  States,  or  of 

33  any  state  or  territory  thereof,  or  of  the  District  of  Columbia,  not 

34  in  default  for  interest  on  such  bonds;  provided,  that  a  two-thirds 

35  vote  of  all  the  directors  of  such   corporations   approves   such 

36  investment.     It  is  the  duty  of  the  officers  of  such  corporations 

37  to  report  quarterly  on   the   first  days  of  January,  April,  July, 

38  and  October  of  each  year,  to   the  insurance  commissioner,  a 

39  list  of  such  investments  so  made  by  them;  and  the  insurance 

40  commissioner  may,  if  such  investments,  or  any  of  them,  seem 

41  injudicious,  require  the  sale  of  the  same. 

42  No  investment  in   the  securities  named  in  subdivisions  one, 

43  two,  three,  five,  and  six  of  this  section,  must  be   made  in  an 

44  amount  exceeding  the  market  value  of  such  securities  at  the 

45  date  of  such  investment; 

46  7.  Corporations  engaged  in  the  business  of  insuring  titles  to 

47  real  estate  may,  after  the  investment  of  one  hundred  thousand 

48  dollars  in  the  manner  provided  in  subdivisions  one,  two,  three, 

49  four,  five,  and  six  of  this  section,  invest  an  amount  not  exceed- 

50  ing  fifty  per  cent  of  their  capital   stock  in  the  preparation  or 

51  purchase  of  the  materials  or  plant  necessary  to  enable  them 

52  to  engage  in  such  business;  and  such  materials,  or  plant,  must 

53  be  deemed  an  asset,  valued  at  the  actual  cost  thereof,  in  all 

54  statements  and  proceedings  required  by  law  for  the  ascertain- 

55  ment  and  determination  of  the  condition  of  such  corporations. 
The  additional    amendments    confer   upon    insurance    corporations 

authority  to  loan  money  upon  interest-bearing  bonds  of  any  incorpo- 
rated city  or  town  within  the  United  States  not  in  default  for  the 
payment  of  interest  on  such  bonds. 

Section  437.     That  section  four  hundred  and  thirty-seven  be  amended 
to  read: 

Section  437.     Every  corporation  formed  for  the  purpose  of 

2  mutual  insurance  on  the  lives  or  health  of  persons,  or  against 

3  accidents  to  persons  for  life  or  any  fixed  period  of  time,  or  to 

4  purchase  and  sell  annuities,  must  have  a  capital  stock  of  not 

5  less  than  one  hundred  thousand  cjollars.     It  must  not  make 

6  any  insurance  upon  any  risk  or  transact  any  other  business  as 

7  a  corporation  until  its  capital  stock  is  fully  paid  up  in  cash,  nor 
2 — CRL 


10  COMMISSIONERS   FOR    THE    REVISION    AND    REFORM    OF    THE    LAW. 

8  until  it  has  also  obtained  a  fund,  to  be  known  as  a  "guarantee 

9  fund,"  of  not  less  than  two  hundred  and  fifty  thousand   dol- 

10  lars,  as  is  hereinafter  provided;  or,  if  it  has  no  capital,  until  it 

11  has  an  ascertained  surplus  above  all  liabilities  of  at  least  three 

12  hundred    and    fifty   thousand    dollars.      If    more    than    the 

13  requisite  amount  is  subscribed,  the  stock  must  be  distributed 

14  pro  rata  among  the   subscribers.      Any  subscription  may  be 

15  rejected    by  the  board  of  directors  or  the  committee  thereof, 

16  either  as  to  the  whole  or  any  part  thereof,  and  must  be,  so  far 

17  as  rejected,  without  effect. 

The  amendment  consists  in  the  insertion  of  the  words  "  or  if  it  ha 
no  capital,  until  it  has  an  ascertained  surplus  above  all  liabilities  of  a 
least  three  hundred  and  fifty  thousand  dollars." 

Section  447.     That  section  four  hundred  and  forty-seven  read: 

Section  447.     Every  life    insurance    corporation    organized 

2  under  the  laws  of  this  state  must,  on  or  before  the  first  day  of 

3  February  of  each  year,  furnish  the  insurance  commissioner  the 

4  necessary  data  for  determining  the  valuation  of  all  its  policies 

5  outstanding   on   the  tliirty-first  day  of  December   then    next 

6  pi'eceding.     And  every  life  insurance  company  organized  under 

7  the  laws  of  any  other  state  or  country,  and  doing  business  in 

8  this  state,  must,  upon  the  written  requisition  of  the  commis- 

9  sioner,  whenever  the  latter  is  authorized  to  make  a  valuation 

10  of  policies,  as   provided   in   section  four  hundred   and  forty- 

11  nine,  furnish  him,  at  such  time  as  he  may  designate,  but  not 

12  oftener  than  once  in  each  year,  the  requisite  data  for  determin- 

13  ing  the  valuation   of  all   its  policies  then  outstanding.     Such 

14  valuations  must  be  based  upon  the  rate  of  mortality  established 

15  by  the  American  experience  life-table  and  interest  at  four  per 

16  cent  per  annum;  provided,  that  from  and  after  the  thirty-first 

17  day   of   December,    A.    D.    one   thousand   eight  hundred    and 

18  ninety-one,    such  valuations    must  be  based   on    the   rate    of 

19  mortality  established  by  the  combined  experience  or  actuaries' 

20  table  of  mortality,  with  interest  at  the  rate  of  four  per  cent 

21  per  annum.     When  the  laws  of  any  other  state  or  territory 

22  require  of  a  life  insurance  company  organized  under  the  laws  of 

23  this    state   a  valuation    of    its    outstanding    policies  by  any 

24  standard  of  valuation  different  from  that  named  in  this  section, 

25  the  insurance  commissioner  is  hereby  authorized  to  make  such 

26  valuation  for  use  in  such  other  state  or  territory,   and  to  issue 

27  his  certificate  in   accordance  therewith.     For  the  purpose  of 

28  making  the  valuations,  the  insurance  commissioner  is  author- 


SUPPLEMENTAL  REPORT — PENAL,  COpE.\   -  11 

29  ized  to  employ  a  competent  actuary,  whose  compensation   for 

30  such  valuations  shall  be  one  cent  for  each  thousand  dollars  of 
81  insurance,  to  be  paid  by  the  respective  companies  whose  policies 
32  are  thus  valued. 

The  amendments  insert  the  words  "whenever  the  latter  is  authorized 
to  make  a  valuation  of  policies  as  provided  in  section  four  hundred  and 
forty-nine."  Also,  "but  not  oftener  than  once  in  each  year";  and 
substitutes  "one  cent"  for  "three  cents"  as  the  compensation  for  the 
valuation  of  each  thousand  dollars  of  insurance. 

Section  65M.  Section  six  hundred  and  fifty-three  d  is  amended  by 
striking  out  all  the  words  after  "office"  in  line  fifteen  and  inserting  in 
place  thereof  the  words  "of  the  clerk  of  the  county  wherein  the  principal 
business  of  the  association  is  to  be  transacted,  and  a  copy  thereof 
certified  by  such  clerk,  with  the  secretary  of  state,  who  must  thereupon 
issue  his  certificate  in  the  form,  and  having  the  effect,  prescribed  in  sec- 
tion two  hundred  and  ninety-six." 

Section  687.  Section  six  hundred  and  thirty-seven  is  further 
amended  by  omitting  from  lines  two  and  three  the  words  "  and  such 
sums  as  may  be  borrowed  by  the  corporation  for  the  purpose." 

The  omission  of  these  words  conforms  this  section  to  the  suggestion 
that  section  six  hundred  and  forty-one  be  repealed. 


PENAL   CODE. 


Section  272.  That  section  two  hundred  and  seventy-two  be  amended 
by  striking  out  "sixteen"  in  line  three  and  inserting  "fourteen,"  and 
by  inserting  after  the  word  "  pretense  "  in  line  six  the  words  "  for  or  in 
any  business,  exhibition,  or  vocation  injurious  to  the  health  or  danger- 
ous to  the  life  or  limb  of  such  child";  and  by  striking  out  the  same 
words  in  lines  thirteen  and  fourteen. 

The  amendment,  by  taking  the  clause  from  lines  thirteen  and  four- 
teen and  inserting  it  in  line  six,  cures  what  is  claimed  to  be  an  ambiguity 
in  the  section.     The  other  amendment  is  self-explanatory. 

Section  3976.  Section  three  hundred  and  ninety-seven  b  is  amended 
by  striking  out  the  words  "  one  hundred"  from  line  nine  and  inserting 
the  word  "  ten  "  in  place  thereof. 

It  is  represented  to  the  commission 'that  the  present  section,  by 
making  the  minimum  fine  one  hundred  dollars,  prevents  any  consider- 
able number  of  convictions  from  being  made  under  the  act,  and  that  it 


12  COMMISSIONERS -FOR.  THE    REVISIOX    AND    REFORM    OF    THE    LAW. 

will  be  more  effective  if  the  court  is  permitted  a  wider  discretion  i 
limiting  the  amount  of  the  fine. 

Section  598a.  That  section  five  hundred  and  ninety-eight  a  h 
amended  by  striking  out  the  word  "wilfully"  in  line  two,  to  conforr 
the  section  to  the  statute  codified. 

Section  o99a.  That  section  five  hundred  and  ninety-nine  a  b 
amended  by  striking  out  the  word  "showing"  in  line  two,  and  the  word 
"that  the  complainant  believes"  inserted  in  lieu  thereof. 

Section  969.  Section  nine  hundred  and  sixty-nine  is  amended  b 
inserting  after  "indictment"  in  line  six  the  words  "or  information." 


The  foregoing  additional,  or  supplemental,  amendments  have  all  bee 
incorporated  in  the  bills  heretofore  introduced  in  the  two  houses  of  th 
Legislature  and  which  are  now  before  it  for  consideration. 

Reference  by  page,  section,  or  line,  when  not  otherwise  stated,  are  t 
the  published  reports  of  this  Commission,  already  on  file  with  the  Sec 
retary  of  State. 

Sacramento,  January  16,  1901. 

A.  C.  FREEMAN, 
W.  C.  VAN  FLEET, 
GEORGE  J.  DENIS, 
Commissioners  for  the  Revision  and  Reform  of  the  Law. 


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